Conditions et Modalités pour l'enchérisseur
Last Updated: Aug 19, 2015
Please read these Bidder Terms and Conditions (“Bidder Terms”) carefully. By checking the box indicating you accept these Bidder Terms or by using the Services (defined below) to participate in any third-party auction made available via the Services (“Auction”), you agree to be legally bound by these Bidder Terms and all terms incorporated by reference. If you do not agree to these Bidder Terms, you may not use the Services to participate in any Auction.
BidSpotter, Inc. and our affiliated companies, including ATG Media US, Inc. (collectively, ("we," or “BidSpotter”) may make Auctions available to you (“you” or “Bidder User”) via www.bidspotter.com (the “Services”). Your use of the Services to participate in any Auction provided by a third-party auctioneer (“ Auctioneer”) are governed by these Bidder Terms in addition to our Website Terms and Conditions, which are incorporated herein by reference. Please note that additional terms and conditions established by an Auctioneer (“ Auctioneer Terms”) may apply to your use of the Auctioneer’s website or your purchase of any items in connection with an Auction.
Summary of our Services
- Our Services provide a venue that allows Auctioneers to provide online auction content. The Services allow you to view such online auction content and/or participate in auction sales, but we are not an Auctioneer. Therefore, we are not a party to the contract for sale and purchase entered into between you and Auctioneer.
- We are not in control of the information made available by Auctioneers which you access via the Services. We cannot therefore make any representations, warranties or guarantees in connection with what the Auctioneer may offer for sale through the Services.
- We do not charge you for your use of the Services (however there are some services which you may wish to sign up to that require a subscription fee and which may be subject to additional terms and conditions). We are paid by Auctioneers to provide the Services to potential bidders.
Please contact us at firstname.lastname@example.org with any questions regarding these Bidder Terms.
- If you are using the Services on behalf of a company, partnership, sole proprietorship, limited liability partnership or any other person or entity (each, an "Entity"), you represent and that you have authority to (i) act on behalf of the Entity; (ii) bind the Entity to these Bidder Terms; and (iii) bind the Entity to any contract or arrangement entered into as a result of your use of the Services (including any agreement entered into with an Auctioneer). You acknowledge and agree that such Entity will be responsible for your violation of these Bidder Terms. You further agree that where you do not have the authority to act on behalf of the Entity and bind the Entity in accordance with (i) to (iii), above, you will remain personally liable to BidSpotter for any claims arising from or relating to these Bidder Terms and any agreement you enter into with an Auctioneer via the Services.
- BidSpotter reserves the right to amend these Bidder Terms at any time, in its sole discretion, by providing notice to you of any amended Bidder Terms. Notification of any amendments shall be effected by posting the amended Bidder Terms via the Services and updating the “Last Updated” date above. In some cases, we may provide you with additional notice of any such amendments, such as by notifying you via e-mail. The amended Bidder Terms will apply prospectively to any access or use of the Services following the posting of such amended Bidder Terms via the Services. Your continued use of the Services following the posting of any amended Bidder Terms will confirm your acceptance of such terms.
Services provided by BidSpotter to Bidder Users
- Subject to the Bidder User's compliance with its obligations under these Bidder Terms, BidSpotter may provide
some or all of the following services from time to time to the Bidder User:
- Access to and participation in “Timed Online Auctions” (including Tender Auctions). A “Timed Online Auction” is an automated Auction, which is administered automatically via the Services in
accordance with parameters established by an Auctioneer and without the Auctioneer calling the bids. Timed
Online Auctions can take place via the Services and the Auctioneer will organise the sale (such organisation
includes (but is not limited to) the Auctioneer describing and cataloguing the lots, posting the lots on
the Services and dealing with post sale matters). Timed Online Auction bids are placed over a defined time
period (“Bidding Period”). Bidder Users can view the highest current bid. The highest bid,
(being the greatest bid that meets or is in excess of any reserve bid), at the end of the Bidding Period
is successful at the auctioneer’s discretion. A Timed Online Auction:
- will either be open to all registered Bidder Users who have registered and been approved by BidSpotter and/or the Auctioneer in accordance with Section 3.2 or restricted to a defined group of Bidder Users according to the Auctioneer's chosen criteria; and
- may also be a ‘private treaty sale’ or ‘tender sale’ where Bidder Users cannot see the value of the bids placed by other Bidder Users.
- Access to and participation in "Live Webcast Auctions”. Live webcast auctions are traditional auction sales conducted by an auctioneer that take place at a physical location. A “Live Webcast Auction” is an Auction that allows the Bidder User to participate in such Auction either by placing Autobids (defined below) in advance of the Auction or, when available, during the Auction. Access to Live Webcast Auctions is only open to Bidder Users who have registered and been approved in accordance with Section 3.2 below.
- Communication of "Autobids" (in respect of Live Webcasts Auctions) and "Maximum Bids" (in respect of Timed Online Auctions) to the Auctioneer. Autobids and Maximum Bids are the highest amount the Bidder User is willing to bid on a specific lot. Autobids
and Maximum Bids provide a method for Bidder Users to submit automatic bids via the Services to the applicable
Auctioneer. Autobids and Maximum Bids allow Bidder Users to automatically increase their bid amount in order
to exceed a competing bid up to a fixed maximum amount set by such Autobid or Maximum Bid. BidSpotter automatically
communicates the Autobids to the Auctioneer on behalf of the Bidder User. The Auctioneer may either print
out the Autobid in advance of the auction and administer the Autobid him/herself or have the Services administer
the Autobid Automatically. All Maximum Bids are administered automatically by the Services. The following
terms apply to Autobids and Maximum Bids:
- Autobids and Maximum Bids are at the risk of the Bidder User. Subject always to Section 10 BidSpotter accepts no responsibility for and shall not be liable for the communication
and placement of Autobids or Maximum Bids including (but not limited to) any direct or indirect loss that
- as a result of a failure to communicate the Autobid or Maximum Bid to the Auctioneer due to any disruption or disturbance to the wider internet; or
- for any other reason.
- BidSpotter will at no time be an agent for the Bidder User and/or the Auctioneer; and
- Communication of the Autobid or Maximum Bid through the Services does not constitute or guarantee the Auctioneer's acceptance of the Autobid or Maximum Bid.
- Autobids and Maximum Bids are at the risk of the Bidder User. Subject always to Section 10 BidSpotter accepts no responsibility for and shall not be liable for the communication and placement of Autobids or Maximum Bids including (but not limited to) any direct or indirect loss that may occur;
- Access to and participation in “Timed Online Auctions” (including Tender Auctions). A “Timed Online Auction” is an automated Auction, which is administered automatically via the Services in accordance with parameters established by an Auctioneer and without the Auctioneer calling the bids. Timed Online Auctions can take place via the Services and the Auctioneer will organise the sale (such organisation includes (but is not limited to) the Auctioneer describing and cataloguing the lots, posting the lots on the Services and dealing with post sale matters). Timed Online Auction bids are placed over a defined time period (“Bidding Period”). Bidder Users can view the highest current bid. The highest bid, (being the greatest bid that meets or is in excess of any reserve bid), at the end of the Bidding Period is successful at the auctioneer’s discretion. A Timed Online Auction:
- BidSpotter reserves the right to change, modify or remove all or a portion of the Services at any time (with or without notice to the Bidder User) and without reason.
- BidSpotter and/or any Auctioneer may terminate, restrict and/or refuse the Bidder User's use of the Services and/or remove or alter any content at any time and for any reason.
- Subject to the Bidder User's compliance with its obligations under these Bidder Terms, BidSpotter may provide some or all of the following services from time to time to the Bidder User:
Responsibilities of the Bidder User
Bidder user access
- Those under 18 (eighteen) years of age are not permitted to access the Services.
- Those who have been barred, refused or suspended by BidSpotter or any Auctioneer are not permitted to access the Services.
Registration and user credentials
- If the Bidder User wishes to use the Services to participate in any Auction,
the Bidder User must:
- register with and be approved by BidSpotter; and
- register with and be approved by the Auctioneer in advance of receiving or using the Services to participate in such Auction.
- For the avoidance of doubt, the Bidder User's registration with BidSpotter in accordance with Section 3.2.1(a), above, will require the Bidder User to agree to abide by these Bidder Terms. The Bidder User's agreement to these Bidder Terms does not constitute BidSpotter's approval of the Bidder User, and, notwithstanding Section 2, BidSpotter may at any time terminate, restrict and/or refuse the Bidder User's use of the Services without notice.
- If the Bidder User registers with an Auctioneer in accordance with Section 3.2.1(b), above, the Auctioneer may require the Bidder User to agree to abide by the Auctioneer Terms (if any) on registering to use the Services to participate in any Auction. The Bidder User's agreement to the Auctioneer Terms does not constitute the Auctioneer's approval of the Bidder User, and, notwithstanding Section 2, the Auctioneer may at any time terminate, restrict and/or refuse the Bidder User's use of the Services to participate in any of Auctioneer’s auctions without notice.
- The Bidder User will supply all information requested by BidSpotter and/or the Auctioneer in order to register to use the Services and represents, warrants and covenants to BidSpotter and to the relevant Auctioneer that all such information is complete, truthful and accurate. It is the responsibility of the Bidder User to update and maintain changes to such information. BidSpotter and the relevant Auctioneer are entitled to rely on any information provided by the Bidder User.
- ATG Media US Inc. and/or the Auctioneer reserve the right to refuse registration and/or approval to any person for any reason, including if a Bidder’s conduct poses a risk to the integrity or reputation of ATG Media US Inc.’s and/or an Auctioneer’s Services. Such refusal shall be in the absolute discretion of ATG Media US Inc. and/or the Auctioneer.
- Upon registration via the Services, a Bidder User will be allocated a unique user ID which must be used in conjunction with the Bidder User password, these are known as "User Credentials".
- The Bidder User's access to the Services must only be achieved using these User Credentials.
- The Bidder User must ensure that User Credentials are not disclosed to any other person. If the Bidder User believes that there has been any breach of security such as the disclosure, theft or unauthorised access or use of the User Credentials, the Bidder User must immediately notify BidSpotter by email at email@example.com.
- The Bidder User shall be liable for any authorized or unauthorized access or use of the Services via the User Credentials and for any misuse of the User Credentials.
- If the Bidder User wishes to use the Services to participate in any Auction, the Bidder User must:
Protecting BidSpotter and the Services. The Bidder User represents, warrants and covenants that:
- its access to and use of the Services will not cause BidSpotter any loss, damage or any liability whatsoever, or cause any interference, interruption or disruption to BidSpotter, or cause the Services to become less efficient, less effective, or less functional;
- the Bidder User will not impose unreasonable stress, burden, or demand on the Services;
- the Bidder User will comply with BidSpotter's instructions regarding the use of the Services from time to time and also will not bypass measures to prevent or limit access to or use of the Services;
- the Bidder User will not commit or cause the commission of any act or omission, directly or indirectly, which results in detriment to BidSpotter or its affiliates;
- the Bidder User will not copy, reproduce, modify, communicate to the public, or make derivative product from or publicly display any material available on or through the Services other than in order to bid for goods using the Services;
- the Bidder User will not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and/or storing the material available on or through the Services (by spidering or otherwise) or enable or permit others to do so; and
- The Bidder User will not present, use or communicate any information or language which is offensive, harmful, inaccurate, defamatory, deceptive, infringing or otherwise unlawful or illegal.
- The Bidder User will use the Services in compliance with all applicable laws.
- Bid sniping (such as watching a timed online auction and placing a winning bid at the last possible moment giving others no time to outbid), whether manual or automated, is strictly prohibited on the Services and the Bidder User represents, warrants and covenants that the Bidder User will not place or permit to be placed any bids on any lots in any Auction by way of sniping.
- Any attempt at bid sniping may automatically extend the relevant Auction time and without prejudice to any other right or remedy of BidSpotter and/or the Auctioneer may result in the Bidder User's access to the Services being suspended or revoked.
No shill bidding
- Except as described in Section 3.5.3 below, shill bidding (where the seller of an item at Auction, or someone colluding with the seller, places a bid in order to artificially inflate the price of the product being sold), whether manual or automated, is strictly prohibited on the Services and the Bidder User represents, warrants and covenants that the Bidder User will not place or permit to be placed any bids on any lots in any Auction by way of shill bidding.
- Any attempt at shill bidding may extend the relevant Auction time and without prejudice to any other right or remedy of BidSpotter and/or the Auctioneer may result in the Bidder User's access to the Services being suspended or revoked by BidSpotter or the Auctioneer.
- In a reserve auction context where the auctioneer has announced that it may bid on behalf of the seller up to the reserve price, such reserve-maintenance bids whether made by the Auctioneer, the seller or an agent of either, will not constitute shill bidding.
- Bidder user access
Duration of the Services
- Unless terminated earlier as provided in these Bidder Terms, the Bidder User's registration, approval, and/or right to use the Services shall apply on an auction-by-auction basis, although an Auctioneer may (in its absolute discretion) grant approval for a Bidder User to participate in more than one Auction at any one time.
Services are a Venue
- The Services allow Bidder Users to participate in Auction sales provided by Auctioneers, but BidSpotter is not 'an online auctioneer' itself.
- The Services provide a venue through which you may access an Auctioneer's Auction. Bids may be made to and accepted by an Auctioneer utilising the technology inherent in the Services. Without prejudice to Section 3 above, when a Bidder User bids for a lot, the Bidder User does so in accordance with the Auctioneer Terms for that sale and not BidSpotter, as more particularly described in Section 7 below. The Bidder Users are responsible for independently ensuring that they are aware of those terms and conditions and agree to bid in accordance with those terms and conditions.
- BidSpotter is not a party to the contract for sale and purchase entered into between the Auctioneer, (and/or its principal) and the Bidder User, nor is BidSpotter acting as agent for any such person. BidSpotter shall not, by whatever means or for any reason, be joined as a party to the contract for sale and purchase.
- No joint venture, franchise or partnership exists or shall exist between BidSpotter and any Bidder User or Auctioneer.
- BidSpotter does not charge Bidder Users for accessing or using the Services, except for certain additional service offerings that may be subject to additional terms and conditions.
- The Auctioneer may charge Bidder Users for Auction bids or otherwise through commission payments or other charges. The Auctioneer may also take a specified amount(s) as a deposit directly from a Bidder User when the Bidder User signs up for an Auction (“Deposit(s)”), which the Auctioneer should refund after the Auction if the Bidder User does not purchase an item through the Auctioneer, unless otherwise agreed upon by the Bidder User.
- The Bidder User acknowledges that any charges, Deposit(s) or commission arrangements that the Auctioneer may make or require via the Services are a matter between the Bidder User and the Auctioneer and are not the responsibility of BidSpotter. It is the responsibility of the Bidder User to ensure that any charges, Deposit(s) or commission arrangements established by an Auctioneer are acceptable to the Bidder User before the Bidder User submits a bid or otherwise incurs any liability to the Auctioneer.
- Payments, refunds and/or Deposit(s) due to or from the Bidder User are the sole responsibility of the Auctioneer. Bidder User acknowledges and agrees that BidSpotter will not be directly or indirectly involved in or responsible for such payments, refunds or Deposit(s).
- Each Auctioneer may have separate Auctioneer Terms, that apply to any Auction. A Bidder User agrees that in bidding at an Auction, he or she accepts the specific terms and conditions of that Auctioneer and any other terms which may be implied by law, whether or not these have been brought to their attention. It shall be the responsibility of each Bidder User to ascertain the nature of any Auctioneer Terms and to abide by them. Unless otherwise stated, by making a bid or commitment to buy an item via the Services, you are committing to buy the item from the Auctioneer listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the Auctioneer and are obligated to purchase the item. You agree to look solely to the applicable Auctioneer to resolve all questions and disputes regarding any bids you make to, or items you purchase in connection with an Auction.
Unless otherwise permitted in any Auctioneer Terms, the Bidder User must comply with the following provisions:
- the Bidder User must not bid in an Auction where they are the Auctioneer nor must they procure or encourage any person to do so on their behalf;
- the Bidder User must not contact other bidders prior to the full conclusion of the sale of the lot;
- the highest bidder, where the reserve is met, and the bid is not subsequently declared by the Auctioneer to be inoperable, shall be bound by applicable law to complete the transaction; and
- each Bidder User shall be deemed to act as principal, unless in possession of written authority given by the Auctioneer to act for a third party.
- Also, the submission of commissions or Autobids and their acceptance by the Auctioneer is a matter to be agreed between the Bidder User and the Auctioneer, provided that where commission or Autobid are made or facilitated by using the Services these Bidder Terms shall apply in addition to any Auctioneer Terms.
Additional Auction Methods
From time to time, an Auctioneer may use one of the following Auction methods, as provided in any applicable Auctioneer Terms.
- An Auctioneer may offer 'Piecemeal Selling' where a Bidder User bids on one lot consisting of multiple items. The Auctioneer calls the bid at the unit price of the items.
- If a Bidder User's bid is successful, it acknowledges and agrees that it will pay the per unit price multiplied by the number of items in the lot.
- Where the Bidder User's bid is successful, the Auctioneer may offer the Bidder User the option to buy additional lots at the same price as the successful bid price or may offer the Bidder User other additional purchase options.
- The Bidder User acknowledges and agrees that the lots offered for sale via such additional purchase options are not necessarily identical to the original lots purchased by the Bidder User. Bidder User acknowledges and agrees that it assumes all risks associated with its purchase of lots via the Services.
- An Auctioneer may offer a group of lots to a Bidder User as one lot. Where the Auctioneer offers 'grouping' the purchase price payable by the Bidder User for the entire lot will be the price that the Bidder User bids on the lot. The Bidder User acknowledges and agrees that should it be successful when bidding on such a lot, it will be contracted to buy the entire group of lots in accordance with the Auctioneer Terms.
- The lot prices in the methods detailed in 8.1, 8.2 and 8.3 exclude buyer's premium and any value added, use or sales taxes owed to federal, state, or local taxing authorities that may be charged by an Auctioneer, and will be subject to the Auctioneer's Terms governing each bid.
- Piecemeal Selling
No representation and warranties
- BidSpotter makes no representations or warranties whatsoever in connection with what the Auctioneer may offer for sale through the Services or otherwise.
The Bidder User accepts that the Auctioneer is solely responsible for any obligations, representations and/or
warranties (each, a "Representation") made with respect to a lot offered via the Services,
including but not limited to:
- Representation as to quality of lots;
- Representation as to the description of lots;
- Representation as to fitness for purpose of lots;
- Representation as to truth or accuracy of statements made;
- Representation as to authenticity or provenance of lots;
- Representation as to legality of lots;
- Representation as to title of lots;
- Representation as to the liability of any party to the contract to complete the transaction.
- BidSpotter has no knowledge as to, or responsibility for, the safety or legality of lots made available via an Auction. The Bidder User must not pre-suppose that all such lots are risk free and not dangerous to the Bidder User. BidSpotter does not accept any responsibility to protect Bidder Users from injury or even death resulting from use of these lots or any illegality arising from the purchase of such lots. The Bidder assumes all risks associated with his or her use of the Services, including, without limitation, any lots purchased from Auctioneers via the Services.
- BidSpotter is not in control of the information made available by Auctioneers accessed via the Services. The Bidder User accepts that BidSpotter is in no way responsible for the inclusion or use of any language or information or any detrimental effect it may have.
- BidSpotter does not warrant that the Services are free from infection by viruses or any other technologically harmful material that may infect the Bidder User's computer equipment, computer programs, data or other proprietary material ("Bidder User's Computer System") arising out of the Bidder User's use of the Services. The Bidder User accepts that BidSpotter does not accept responsibility to protect the Bidder User's Computer System from such viruses or other contamination or destruction. Subject to Section 10.2.1, below, BidSpotter and its affiliates will not be liable for any loss or damage to the Bidder User's Computer System caused by a distributed denial-of-service attack or any other harmful attack or material encountered by Bidder User via the Services.
Provision of the Services not guaranteed.
- The Bidder User accepts that access to the Services may be withdrawn at any time. The Services may be interrupted and provision of the Services is not guaranteed. To ensure the purchase of any lots offered via the Services, Bidder Users must make alternative provision for making bids prior to the sale (for example by telephone) and must not rely on and are not entitled to rely on the Services to make bids. The Services may not be continuous and may be interrupted by factors within or outside of BidSpotter's control.
- THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE’ ONLY. BIDSPOTTER SHALL HAVE NO LIABILITY WHERE A BID FAILS TO BE RECEIVED BY THE AUCTIONEER OR IS DELAYED, OR WHERE THE BID IS MADE IN ERROR FOR WHATEVER REASON. BIDSPOTTER IS UNDER NO OBLIGATION TO CORRECT ERRONEOUS BIDS OR TO RESUBMIT BIDS WHICH WERE LOST IN TRANSMISSION OR OTHERWISE NOT RECEIVED BY THE AUCTIONEER. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE BIDDER TERMS, THE WEBSITE OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) ABOUT THE PERFORMANCE, ACCURACY, OPERATION OR USEFULNESS OF THE SERVICES OR THE CONTENT NOR DOES IT REPRESENT OR WARRANT THAT THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THESE WEBSITE TERMS, WEBSITE OPERATOR EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) ABOUT OR RELATING TO THE PERFORMANCE, ACCURACY, OPERATION OR USEFULNESS OF THE SERVICES.
- Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
Limitation of liability; Indemnification
- The Bidder User accepts that BidSpotter's liability is limited to the fullest extent available in law. The Bidder User releases BidSpotter from all liability to the fullest extent permitted by law.
- IN NO EVENT WILL BIDSPOTTER, ITS AFFILIATES AND ITS AND THEIR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR DIRECT DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF REPUTATION, LOSS OF GOOD WILL, LOSS OF PROFITS OR REVENUES AND (TO THE FULLEST EXTENT PERMITTED BY LAW) ALL OTHER LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES.
- Without limiting the generality of the foregoing, under no circumstances will BidSpotter be liable for the acts or omissions of any Auctioneer.
- The Bidder User agrees to pursue any dispute, claim, action or right against any Auctioneer independently and without recourse to BidSpotter. The Bidder User agrees to release BidSpotter from all and any liability for any dispute, claim, action or right in any way associated with the Bidder User's use of the Services.
- The Bidder User will be responsible for any losses or damages suffered or incurred by BidSpotter in respect of any inaccuracy of the Bidder User's data due to incorrect input of data by the Bidder User.
- Where, notwithstanding the above, liability is found against BidSpotter for any reason under or in connection with these Bidder Terms, the Auctioneer Site or the provision of the Website and/or the Services (whether in negligence, breach of contract, breach of statutory duty or otherwise), BidSpotter's aggregate liability in any calendar year in aggregate for all claims relating to any Bidder User shall be limited to $100.
- The Bidder User agrees to indemnify BidSpotter to the fullest extent available in law where any claim, action or right against BidSpotter arises through (a) the Bidder User's act or omission or breach of any of these terms and conditions, (b) the Bidder User’s use of the Services, (c) the Bidder User’s violation of these Bidder Terms, or (d) the Bidder User’s violation of any rights of another. The Bidder User accepts and agrees that BidSpotter may in such circumstances take action against the Bidder User or seek to join the Bidder User to such a claim.
- The exclusions and limitations of liability in these terms and conditions shall also be for the benefit of BidSpotter's affiliates and subcontractors.
- Nothing in these Bidder Terms shall operate to exclude or limit a party's or its affiliate's liability for death or personal injury caused by its negligence or for its fraud.
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Provision of the Services not guaranteed.
The Bidder User will keep confidential any information received from BidSpotter in connection with the Services and will not use the information other than as necessary to access and use the Services as expressly contemplated by these Bidder Terms.
In no event shall BidSpotter be liable for any delays or failures attributable to any cause beyond its reasonable control. Failures of telecommunications networks, the Internet, and/or BidSpotter's or its subcontractor's computer network and systems, and any website operated by an Auctioneer shall without limitation be deemed to be events beyond BidSpotter's reasonable control.
Third party rights
This agreement is only intended for the benefit of the parties (BidSpotter and the Bidder User) and, where expressly provided, the Auctioneer and BidSpotter's affiliates and subcontractors. Upon your acceptance of these Bidder Terms, such Auctioneers and affiliates will have the right (and will be deemed to have accepted the right) to enforce these Bidder Terms, where expressly provided, against you as a third party beneficiary thereof.
- These Bidder Terms, together with any terms incorporated herein by reference, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to its subject matter. All terms and conditions which may be implied by law are hereby excluded to the fullest extent permitted by law.
- Each of the parties acknowledges and agrees that in entering into an agreement based on these Bidder Terms it does not rely on any statement not contained within these Bidder Terms. Also, the striking out of one part by law shall not detract from the effectiveness of the entire agreement; the agreement shall operate effectively without that provision.
BidSpotter may at any time assign, transfer, charge or deal in any other manner with this agreement or any of its rights under it.
Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and BidSpotter agree to arbitrate any dispute arising from these Bidder Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and BidSpotter agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to BidSpotter shall be sent to firstname.lastname@example.org. You and BidSpotter further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Seattle, Washington; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in Seattle, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Bidder Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BIDSPOTTER WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.